Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations 18703 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. In § 301–89.3, paragraph (g) is 

amended under the heading ‘‘Texas’’ by 

removing the entries for Baylor County 

and Knox County and by revising the 

entries for Throckmorton County and 

Young County to read as follows: 

§ 301.89–3 Regulated areas. 

* * * * * 

(g) * * * 

Texas 

Throckmorton County. Beginning in 

the northeastern portion of the county at 

the line of longitude ¥98.9921° W and 

the line of latitude 33.2836° N; then 

south along the line of longitude 

¥98.9921° W to the line of latitude 

33.2055° N; then east along the line of 

latitude 33.2055° N to the line of 

longitude ¥98.9891° W; then south 

along the line of longitude ¥98.9891° W 

to the line of latitude 33.1809° N; then 

east along the line of latitude 33.1809° 

N to the Throckmorton/Young County 

line at the line of longitude ¥98.9527° 

W; then north along the line of 

longitude ¥98.9527° W to the line of 

latitude 33.2836° N; then west along the 

line of latitude 33.2836° N to the point 

of beginning. 

Young County. Beginning in the 

northwestern portion of the county at 

the line of longitude ¥98.9527° W and 

the line of latitude 33.2836° N; then 

south along the line of longitude 

¥98.9527° W to the line of latitude 

33.1809° N; then east along the line of 

latitude 33.1809° N to the line of 

longitude ¥98.8762° W; then north 

along the line of longitude ¥98.8762° W 

to the line of latitude 33.1946° N; then 

east along the line of latitude 33.1946° 

N to the line of longitude ¥98.8356° W; 

then north along the line of longitude 

¥98.8356° W to the line of latitude 

33.2880° N; then west along the line of 

latitude 33.2880° N to the line of 

longitude ¥98.9430° W; then south 

along the line of longitude ¥98.9430° W 

to the line of latitude 33.2836° N; then 

west along the line of latitude 33.2836° 

N to the point of beginning. 

Done in Washington, DC, this 1st day of 

April 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–7194 Filed 4–4–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 983 

[Docket No. AMS–FV–07–0095; FV07–983–

2 FR] 

Pistachios Grown in California; 

Change in Reporting Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule changes the current 

reporting requirements prescribed under 

the California pistachio marketing order 

(order). The order regulates the handling 

of pistachios grown in California and is 

administered locally by the 

Administrative Committee for 

Pistachios (committee). These changes 

will modify one existing committee 

form and add a new form to a currentlyapproved information collection. The 

information collected will require 

handlers to report production and 

producer data, enabling the committee 

to obtain better information for 

preparing its annual marketing policy 

statement and conducting committee 

nominations and periodic referenda 

under the order. 

DATES: Effective Date: April 8, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior Marketing 

Specialist, or Kurt J. Kimmel, Regional 

Manager, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487–

5901, Fax: (559) 487–5906, or E-mail: 

Terry.Vawter@usda.gov or 

Kurt.Kimmel@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing Order 

No. 983 (7 CFR part 983), regulating the 

handling of pistachios grown in 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 


rfrederick on PROD1PC67 with RULES
18704 Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations 

not later than 20 days after the date of 

the entry of the ruling. 

This final rule changes the reporting 

requirements prescribed under the 

order. These changes will modify one 

committee form and add a new form to 

the currently-approved information 

collection. The new form will require 

handlers to report production and 

producer data. This new data will 

enable the committee to obtain better 

information for preparing its annual 

marketing policy statement and for 

conducting committee nominations and 

periodic referenda for pistachio 

producers. These changes were 

unanimously recommended by the 

committee on April 2, 2007. 

Under § 983.47 handlers are required 

to furnish such reports as the 

committee, with the approval of the 

Secretary, needs to enable the Secretary 

and the committee to perform their 

functions. 

As a result of a producer referendum, 

the California Pistachio Commission 

(CPC), a California State marketing 

program, was terminated in the spring 

of 2007. Data historically collected by 

the CPC and shared with the committee 

is no longer available. Such data 

includes information on the total 

available supply of pistachios grown in 

California and on the producers who 

produced the pistachios. 

Thus, the committee unanimously 

recommended changes to its reporting 

requirements to capture information 

necessary for the effective 

administration of the Federal order that 

is no longer available through the CPC. 

Specifically, the committee 

recommended revising its current ACP 

Form 7, ‘‘Monthly Report of Inventory/ 

Shipments,’’ and creating a new form, 

ACP Form 8, ‘‘Producer Delivery 

Report.’’ These forms will allow the 

committee to collect production, 

producer, inventory, and shipment data 

from handlers. 

Requiring handlers to report such data 

will enable the committee to obtain 

better information on the total available 

supply of pistachios grown in California 

and to contact pistachio producers. The 

order requires the committee to prepare 

an annual marketing policy statement, 

pursuant to § 983.37. Several elements 

are required for an acceptable marketing 

policy statement: production, 

harvesting, processing, and storage 

conditions data. The committee is also 

required to hold annual nominations for 

seats on the committee, and USDA is 

required to conduct periodic 

continuance referenda. The committee 

needs producer and production data to 

fulfill order requirements. 

Currently on the ACP Form 7, all 

handlers must report their beginning 

inventory, grower deliveries, shipments 

of pistachios to the domestic market, 

interhandler transfers, non-handler 

purchases of California product, 

inventory adjustments on split and 

shelled pistachios, and ending 

inventory on a monthly basis. This final 

rule will remove the requirement to 

report inventory adjustments to split 

and shelled pistachios, as the committee 

believes that this information is no 

longer needed. This final rule will also 

require handlers to report their export 

shipments. Export data was previously 

collected by the CPC and provided by 

some handlers voluntarily to the 

committee. 

On the new form, ACP Form 8, 

‘‘Producer Delivery Report,’’ handlers 

will be required to annually provide the 

names of the producers who deliver 

pistachios to them, the producers’

mailing addresses and other contact 

information (telephone and facsimile 

numbers and e-mail addresses), the 

producers’ employer identification 

numbers, total receipts of pistachios 

from each producer, and the counties in 

which the pistachios were grown. These 

reports will allow the committee to 

identify all authorized voters for 

committee selections and referenda in 

which each business entity is entitled to 

cast one vote. Individual producers may 

produce and deliver pistachios under 

more than one business entity. The 

information collected on this report will 

also allow the committee to determine 

whether individual producers are 

eligible to represent more than one 

business entity, based upon Federal Tax 

Identification numbers. 

The information on producer 

deliveries will also allow the committee 

to track deliveries to handlers and verify 

that handlers pay the appropriate 

assessments on pistachios they receive. 

This information will also streamline 

handler audits for committee staff. 

Pursuant to § 983.147(c), handlers 

who handle less than 5,000 pounds 

annually will be exempt from filing ACP 

Form 8. These small handlers tend to be 

producers who handle their own 

production only and are known to the 

committee in their producer, as well as 

their handler, capacity. Therefore, the 

committee already has business entity, 

production, and contact information on 

the producers that are also exempt 

handlers. 

Such information will provide the 

committee with production and 

producer data to enhance the 

administration of the order. An 

electronic version of the form will be 

available to those handlers who file 

electronically. 

Since the addition of ACP Form 8 will 

require changes to the order’s rules and 

regulations, § 983.147 will be modified 

to add a new paragraph (g), and to 

redesignate current paragraphs (g) and 

(h) as paragraphs (h) and (i). 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), 

AMS has considered the economic 

impact of this action on small entities. 

Accordingly, AMS has prepared this 

final regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 740 

producers in the production area and 

approximately 50 handlers of California 

pistachios subject to regulation under 

the order. The Small Business 

Administration (SBA) (13 CFR 121.201) 

defines small agricultural producers as 

those having annual receipts less than 

$750,000, and defines small agricultural 

service firms as those whose annual 

receipts are less than $6,500,000. Of the 

740 producers, approximately 722 have 

annual receipts of less than $750,000. 

Forty-two of the 50 handlers subject to 

regulation have annual pistachio 

receipts of less than $6,500,000. Thus, 

the majority of producers and handlers 

of California pistachios may be 

classified as small entities. 

This final rule will change § 983.147 

of the order’s regulations, and revise a 

currently-approved information 

collection. The committee determined 

that production data the CPC previously 

collected and made available to the 

committee was still necessary for the 

efficient operation of the program. 

Therefore, the committee agreed that it 

should require handlers to report 

production and shipment data directly 

to the committee. In order to receive this 

data, the committee unanimously 

recommended that current ACP Form 7, 

‘‘Monthly Report of Inventory/ 

Shipments,’’ be revised and that a new 

form, ACP Form 8, ‘‘Producer Delivery 

Report,’’ be developed. Authority for 

these changes is provided in § 983.47. 

On April 2, 2007, the committee 

deliberated on the value of revising the 

current form and requiring the new 

form, and discussed alternatives. It 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations 18705 

determined that the only alternative 

would be to not collect such industry 

data. However, the order requires the 

committee to prepare an annual 

marketing policy statement. Several 

elements are required for an acceptable 

marketing policy statement: Production, 

harvesting, processing, and storage 

conditions data. The committee is also 

required to hold annual nominations for 

seats on the committee, and USDA is 

required to conduct periodic 

continuance referenda. Thus, the 

committee needs this data to fulfill 

order requirements. The revised ACP 

Form 7 and the new ACP Form 8 have 

been approved by the Office of 

Management and Budget (OMB) under 

OMB No. 0581–0215, ‘‘Pistachios 

Grown in California.’’

As with other marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

This final rule will impose additional 

reporting and recordkeeping burdens on 

handlers. However, any additional 

burden is expected to be offset by the 

efficient operation of the order. 

Handlers will continue to file the ACP 

Form 7 monthly and will file the ACP 

Form 8 annually, but the data collected 

will serve multiple purposes and 

streamline committee operations. In 

addition, as noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this final rule. 

AMS is committed to complying with 

the E-Government Act to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to government information and 

services, and for other purposes. 

Further, the committee’s meeting was 

widely publicized throughout the 

pistachio industry and all interested 

persons were encouraged to attend the 

meeting and participate in the 

committee’s deliberations. Like all 

committee meetings, the April 2, 2007, 

meeting was a public meeting, and 

entities of all sizes were encouraged to 

express their views on these issues. 

A proposed rule was published in the 

Federal Register on September 7, 2007 

(72 FR 173). Copies of the proposed rule 

were mailed or sent via facsimile to all 

committee members and handlers. 

Finally, the proposed rule was made 

available through the Internet, USDA 

and the Office of the Federal Register. A 

60-day comment period ending 

November 6, 2007, was provided to 

allow interested persons to respond to 

the proposal. One opposing comment 

was received. 

The commenter was opposed to the 

committee collecting and disseminating 

monthly export shipment and inventory 

data from handlers. According to the 

commenter, this data, when collected by 

the CPC in the past, proved valuable in 

evaluating market conditions and 

measuring the effectiveness of 

marketing efforts by the industry. 

However, the commenter stated that the 

export data is no longer necessary 

because the Federal order only regulates 

domestically shipped product and not 

exports. The commenter also expressed 

concern with the accuracy of the 

inventory data, and contends that such 

discrepancies are deliberate or 

accidental errors in the reporting to the 

committee. The commenter stated a 

preference for standardized inventory 

reporting practices because there are no 

standards for determining inventory 

levels. The commenter argues that, 

without set procedures, handlers could 

easily manipulate their reported 

inventory to seek competitive advantage 

in the marketplace. 

Regarding the concerns about export 

shipments, the order provides authority 

for the collection of information from 

handlers, which includes shipment 

data. The committee believes that this 

information is valuable to the industry, 

and unanimously voted to collect this 

information under the Federal order. 

Regarding the concerns about the 

accuracy of the monthly inventory data, 

the ACP–7 requires handlers to report 

an ‘‘inventory adjustment’’ figure, 

which is an adjustment to inventory due 

to issues including splitting, shelling, 

shrink, and loss of product. According 

to committee staff, there is variability in 

the way handlers store and manage their 

pistachios, which creates differences in 

how handlers report inventory 

adjustments. The committee is 

exploring ways to improve the accuracy 

of this information. 

Accordingly, no changes will be made 

to this rule based on the comment 

received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab/html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because the data required through this 

rule is no longer available from the CPC, 

and the committee needs this 

information to ensure proper 

administration of the Federal order. 

Further, handlers are aware of this rule, 

which was unanimously recommended 

by the committee at a public meeting. 

Also, a 60-day comment period was 

provided for the proposed rule. 

List of Subjects in 7 CFR Part 983 

Pistachios, Marketing agreements and 

orders, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 983 is amended as 

follows: 

PART 983—PISTACHIOS GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 983 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 983.147, current paragraphs (g) 

and (h) are redesignated as paragraphs 

(h) and (i), and a new paragraph (g) is 

added to read as follows: 

§ 983.147 Reports. 

* * * * * 

(g) ACP–8, Producer Delivery Report. 

Each handler of pistachios shall file this 

report with the committee by the 15th 

day of December of each production 

year: Provided, That for the 2007–08 

production year, handlers must file this 

report with the committee by April 17, 

2008, to report his/her receipts of 

pistachios during the current 

production year, the names of the 

handlers’ producing entities, business 

type, and the following information 

concerning each producing entity: 

Federal Tax Identification number; 

mailing and e-mail address; telephone 

and fax number; total bearing acres; 

county of production; and for the 

current production year, the total 

receipts of open inshell, closed shell, 

shelling stock of each producing entity; 

and total pounds of processed 

pistachios produced by each producing 

entity. 

* * * * * 


rfrederick on PROD1PC67 with RULES
18706 Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Rules and Regulations 

Dated: April 2, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 08–1109 Filed 4–3–08; 1:02 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0392; Directorate 

Identifier 2008–CE–022–AD; Amendment 

39–15451; AD 2008–07–10] 

2120–AA64 

Airworthiness Directives; Hawker 

Beechcraft Corporation Models B200, 

B200GT, B300, and B300C Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Hawker Beechcraft Corporation (HBC) 

Models B200, B200GT, B300, and 

B300C airplanes. This AD requires you 

to fabricate and install a placard 

incorporating information that limits 

operation when there is known or 

forecast icing and requires you to 

replace a section of the pneumatic 

supply tube for the tail deice system 

with a new tube of a different material. 

This AD results from reports of 

collapsed tail deice boot pneumatic 

supply tubes. We are issuing this AD to 

prevent collapsed pneumatic supply 

tubes, which could result in failure of 

the tail deice boots to operate. This 

failure could lead to loss of control in 

icing conditions. 

DATES: This AD becomes effective on 

April 10, 2008. 

On April 10, 2008 the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

We must receive any comments on 

this AD by June 6, 2008. 

ADDRESSES: Use one of the following 

addresses to comment on this AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

To get the service information 

identified in this AD, contact Hawker 

Beechcraft Corporation, P.O. Box 85, 

Wichita, Kansas 67201–0085; telephone: 

(800) 429–5372 or (316) 676–3140. 

To view the comments to this AD, go 

to http://www.regulations.gov. The 

docket number is FAA–2008–0392; 

Directorate Identifier 2008–CE–022–AD. 

FOR FURTHER INFORMATION CONTACT: Don 

Ristow, Aerospace Engineer, Wichita 

Aircraft Certification Office, 1801 

Airport Road, Room 100, Wichita, 

Kansas 67209; telephone: (316) 946–

4120; fax: (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received information of reports of 

collapsed pneumatic tubes, which 

supply pressure and vacuum to the 

horizontal stabilizer deice boots. With 

the introduction of an improved 

environmental control system, a section 

of the pneumatic deice tube located in 

the aft evaporator bay is subject to 

higher than normal temperature. This 

high heat in the aft evaporator bay may 

cause the tubing to soften and collapse 

undetected and permanently block flow 

to and from the deice boots. 

The pilot’s operating handbook 

specifies to visually check deicing 

boots, where possible, for inflation and 

hold down function when ice protection 

equipment is required. However, the tail 

deice boots are not visible from the 

cockpit during the check. 

Since the collapse of the pneumatic 

deice supply tube is caused by the use 

of cabin heat, there is the possibility 

that the condition could occur after preflight verification of operation. Icing 

conditions and the use of cabin heat 

would be a normal operational mode. 

In February 2008, HBC issued a safety 

communique to inform flight crews of 

the potential for collapsed pneumatic 

supply tubes and recommended flight 

crews avoid flight into icing conditions. 

This condition, if not corrected, could 

result in failure of the tail deice boots 

to operate. This failure could lead to 

loss of control in icing conditions. 

Relevant Service Information 

We reviewed Hawker Beechcraft 

Mandatory Service Bulletin SB 30–3889, 

Issued: March 2008. The service 

information describes procedures for 

replacement of tail deice boot 

pneumatic supply tubes. 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because we 

evaluated all the information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This AD requires you to 

fabricate and install a placard 

incorporating information that limits 

operation when there is known or 

forecast icing and requires you to 

replace a section of the pneumatic 

supply tube for the tail deice system 

with a new tube of a different material. 

The replacement of the tail deice boot 

pneumatic supply tubes is terminating 

action for the operation limitations in 

known or forecast icing. 

In preparing this rule, we contacted 

type clubs and aircraft operators to get 

technical information and information 

on operational and economic impacts. 

We did not receive any information 

through these contacts. If received, we 

would have included a discussion of 

any information that may have 

influenced this action in the rulemaking 

docket. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because this condition could result 

in failure of the tail deice boots to 

operate. This failure could lead to loss 

of control in icing conditions. Therefore, 

we determined that notice and 

opportunity for public comment before 

issuing this AD are impracticable and 

that good cause exists for making this 

amendment effective in fewer than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and an 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments regarding this 

AD. Send your comments to an address 

listed under the ADDRESSES section. 

Include the docket number ‘‘FAA–

2008–0392; Directorate Identifier 2008–

CE–022–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD. We will consider all 

comments received by the closing date 

and may amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 


rfrederick on PROD1PC67 with RULES